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Non-Compliance of Financial Disclosure - What to Do Under Family Law?

Discussion in 'Family Law Forum' started by kingkong27, 23 September 2016.

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  1. kingkong27

    kingkong27 Member

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    I responded to a request for financial disclosure by asking the same and giving a timeframe of 2 weeks, which was more than reasonable as there was not much on my husband's side to get together.

    It is now 3 weeks past that date and nothing has been provided nor have I had any correspondence advising there is a delay.

    What do I need to do now under family law? I'm not handing over my documents until his are produced.
     
  2. AllForHer

    AllForHer Well-Known Member

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    So, instead of providing full disclosure when asked for full disclosure, your response was "You first", and now you're wondering what to do because they aren't complying with your request for full disclosure?

    Full disclosure is a legal obligation, not a tit-for-tat negotiation. You're going to look like you're frustrating proceedings by playing this game, and you may end up with a costs order against you.

    I would provide your documents if I were you, and let the Court deal with the other party directly if they refuse to do the same.
     
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  3. kingkong27

    kingkong27 Member

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    My lawyer had advised me to not provide my documents first, but to state that once their documents were ready, we would arrange an exchange.

    Do you feel that this will be considered a game? Why would I have been given that advice then? I'm a bit confused. I don't have any intention to go to court as I want to avoid those costs.

    My lawyer is on leave at the moment so I don't have a chance to ask her how to progress which is why I've jumped in here to see if anyone had any opinions.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Well, I don't like to go against legal advice already given, so do as your family lawyer has directed. You might consider follow-up correspondence to check on progress, because not disclosing is just going to prolong proceedings, and that benefits your lawyer more than anyone else.
     

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